Amendment SSA1-SB177

LRBs0253/2

RCT:jlg:jf

1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 SENATE BILL 177

January 25, 2000 - Offered by Senator Burke.

SB177-SSA1,1,5 An Act to amend subchapter V (title) of chapter 285 [precedes 285.41]; and to create 20.370 (2) (bh), 20.370 (2) (bj), 196.854, 285.11 (19) and 285.50 of the statutes; relating to: mercury emissions from certain sources, research concerning mercury emissions, granting rule-making authority and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB177-SSA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB177-SSA1, s. 2 Section 2. 20.370 (2) (bh) of the statutes is created to read:

SB177-SSA1,2,9 20.370 (2) (bh) Air management — mercury reduction. The amounts in the schedule for mercury deposition studies and research, mercury evaluation and monitoring activities, activities to eliminate the use of mercury by or reduce mercury emissions from small sources, activities to address problems associated with long-term storage and disposal of mercury, activities to evaluate the effectiveness of the program under s. 285.50 and public information and education activities related to mercury. All moneys received under s. 196.854 shall be credited to this appropriation.

SB177-SSA1, s. 3 Section 3. 20.370 (2) (bj) of the statutes is created to read:

SB177-SSA1,2,13 20.370 (2) (bj) Air management — small source mercury reduction. All moneys received under s. 285.50 (6) (a) 3. for conducting small source mercury reduction projects.

SB177-SSA1, s. 4 Section 4. 196.854 of the statutes is created to read:

SB177-SSA1,2,18 196.854 Assessment for mercury deposition activities. (1) The commission shall annually assess against the major utilities, as defined in s. 285.50 (1) (d), the amount appropriated under s. 20.370 (2) (bh) for the purposes specified in s. 20.370 (2) (bh).

SB177-SSA1,3,4 (2) The commission, in consultation with the department of natural resources, shall promulgate rules establishing a method for assessing each major utility an amount that is proportionate to its fraction of the total amount of mercury emissions from major utilities in this state.

SB177-SSA1, s. 5 Section 5. 285.11 (19) of the statutes is created to read:

SB177-SSA1,3,8 285.11 (19) Conduct, or contract with other persons to conduct, research on the effects of mercury emissions on human health and the environment and research on methods for reducing those emissions.

SB177-SSA1, s. 6 Section 6. Subchapter V (title) of chapter 285 [precedes 285.41] of the statutes is amended to read:

SB177-SSA1,3,11 CHAPTER 285

SB177-SSA1,3,16 SUBCHAPTER V SULFUR DIOXIDE AND NITROGEN OXIDE EMISSION RATES AND GOALS; MERCURY EMISSION LIMITS

SB177-SSA1, s. 7 Section 7. 285.50 of the statutes is created to read:

SB177-SSA1,3,18 285.50 Mercury emission limits. (1) Definitions. In this section:

SB177-SSA1,3,20 (a) "Allowance" means a limited authorization to emit one pound of mercury in one year.

SB177-SSA1,3,23 (b) "Baseline mercury emissions" means the average annual mercury emissions of a stationary source in 1997, 1998 and 1999, as determined under sub. (1m).

SB177-SSA1,3,24 (c) "Boiler" means a solid fossil fuel-fired combustion unit.

SB177-SSA1,4,2 (d) "Major utility" means a Class A utility, as defined in s. 199.03 (4), that generates electricity or an electrical cooperative association organized under ch. 185.

SB177-SSA1,4,6 (e) "Modify" means to make one or more physical changes in, or changes in the method of operation of, a stationary source so that the annual mercury emissions of the stationary source increase by 5 pounds or more over the baseline mercury emissions of the stationary source.

SB177-SSA1,4,9 (f) "Nonboiler source" means a stationary source that emits mercury and that is not a solid fossil fuel-fired combustion unit. "Nonboiler source" includes a combustion unit that is fired with fossil fuel that is not solid.

SB177-SSA1,4,13 (g) "Partially regulated boiler" means a boiler that is not owned by a municipality, this state or a major utility if the total annual mercury emissions from all stationary sources that are located on the site on which the boiler is located exceed 10 pounds in any year.

SB177-SSA1,4,17 (h) "Regulated government-owned boiler" means a boiler that is owned by a municipality or this state if the total annual mercury emissions from all stationary sources that are located on the site on which the boiler is located exceed 10 pounds in any year.

SB177-SSA1,4,20 (i) "Regulated major utility boiler" means a boiler that is owned by a major utility if the total annual mercury emissions from all stationary sources that are located on the site on which the boiler is located exceed 10 pounds in any year.

SB177-SSA1,4,23 (j) "Regulated nonboiler source" means a nonboiler source if the total annual mercury emissions from all stationary sources that are located on the site on which the nonboiler source is located exceed 10 pounds in any year.

SB177-SSA1,4,25 (k) "Site" means contiguous property that is under common ownership or control.

SB177-SSA1,5,7 (1m) Determination of mercury emissions. The department shall establish a methodology for determining the annual mercury emissions of boilers and other stationary sources that emit mercury. Using this methodology, the department shall determine a baseline mercury emission level for each regulated major utility boiler, regulated government-owned boiler, regulated nonboiler source and partially regulated boiler by averaging the annual mercury emissions of the boiler or the nonboiler source in 1997, 1998 and 1999.

SB177-SSA1,5,13 (2) Emission limits; major utility and government-owned boilers. (a) New and modified boilers. 1. After the department establishes a methodology under sub. (1m), no person may construct a new regulated major utility boiler or a new regulated government-owned boiler until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the annual mercury emissions from the new boiler.

SB177-SSA1,5,18 2. After the department establishes a methodology under sub. (1m), no person may modify a regulated major utility boiler or regulated government-owned boiler until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the increased mercury emissions resulting from the modification of the boiler.

SB177-SSA1,5,23 (b) Existing boilers. 1. Beginning in the year after the year in which the department establishes a methodology under sub. (1m), the annual mercury emissions from a regulated major utility boiler or regulated government-owned boiler to which par. (a) does not apply may not exceed the baseline mercury emissions of the boiler, except as provided in sub. (4) (b).

SB177-SSA1,6,2 2. In 2005 to 2009, the owner or operator of a regulated major utility boiler or regulated government-owned boiler to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 20% of the baseline mercury emissions of the boiler.

SB177-SSA1,6,8 3. In 2010 to 2014, the owner or operator of a regulated major utility boiler or regulated government-owned boiler to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 50% of the baseline mercury emissions of the boiler or equal to the difference between the baseline mercury emissions of the boiler and the average annual mercury emissions of the boiler during 2005 to 2009, whichever is greater.

SB177-SSA1,6,14 4. Beginning in 2015, the owner or operator of a regulated major utility boiler or regulated government-owned boiler to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 90% of the baseline mercury emissions of the boiler or equal to the difference between the baseline mercury emissions of the boiler and the average annual mercury emissions of the boiler during the preceding 5-year period, whichever is greater.

SB177-SSA1,6,19 (3) Emission limits; nonboiler sources. (a) New and modified nonboiler sources. 1. After the department establishes a methodology under sub. (1m), no person may construct a new regulated nonboiler source until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the annual mercury emissions from the new nonboiler source.

SB177-SSA1,6,23 2. After the department establishes a methodology under sub. (1m), no person may modify a regulated nonboiler source until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the increased mercury emissions resulting from the modification of the nonboiler source.

SB177-SSA1,7,3 (b) Existing nonboiler sources. 1. Beginning in the year after the year in which the department establishes a methodology under sub. (1m), the annual mercury emissions from a regulated nonboiler source to which par. (a) does not apply may not exceed the baseline mercury emissions of the nonboiler source, except as provided in sub. (4) (b).

SB177-SSA1,7,7 2. In 2005 to 2009, the owner or operator of a regulated nonboiler source to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 20% of the baseline mercury emissions of the nonboiler source.

SB177-SSA1,7,13 3. In 2010 to 2014, the owner or operator of a regulated nonboiler source to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 50% of the baseline mercury emissions of the nonboiler source or equal to the difference between the baseline mercury emissions of the nonboiler source and the average annual mercury emissions of the nonboiler source during 2005 to 2009, whichever is greater.

SB177-SSA1,7,19 4. Beginning in 2015, the owner or operator of a regulated nonboiler source to which par. (a) 1. does not apply shall annually obtain mercury emission reductions, as provided in sub. (4), equal to 90% of the baseline mercury emissions of the nonboiler source or equal to the difference between the baseline mercury emissions of the nonboiler source and the average annual mercury emissions of the nonboiler source during the preceding 5-year period, whichever is greater.

SB177-SSA1,8,2 (3e) Increase in required reductions. Notwithstanding the mercury emission reductions required to be obtained in sub. (2) (b) 2. to 4. and (3) (b) 2. to 4., if the owner or operator of a stationary source subject to those requirements fails to obtain the required mercury emission reductions under sub. (2) (b) or (3) (b) in a year, the department shall increase the amount of mercury emission reductions that the owner or operator must obtain under sub. (2) (b) or (3) (b) for the next year by 5 times the difference between the amount of emission reductions required and the amount of emission reductions obtained.

SB177-SSA1,8,7 (3m) Emission reductions and goals; partially regulated boilers. (a) New and modified boilers. 1. After the department establishes a methodology under sub. (1m), no person may construct a new partially regulated boiler until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the annual mercury emissions from the new boiler.

SB177-SSA1,8,11 2. After the department establishes a methodology under sub. (1m), no person may modify a partially regulated boiler until the person obtains mercury emission reductions, as provided in sub. (4), equal to 150% of the increased mercury emissions resulting from the modification of the boiler.

SB177-SSA1,8,13 (b) Existing partially regulated boilers. It is the goal of this state that annual mercury emissions from a partially regulated boiler do not exceed the following:

SB177-SSA1,8,15 1. In the year after the year in which the department establishes a methodology under sub. (1m) to 2004, the baseline mercury emissions of the boiler.